This chapter does not require a person subject to this chapter to grant preferential treatment to an individual or a group on the basis of race, color, disability, religion, sex, national origin, or age because of an imbalance between:
(1) the total number or percentage of persons of that individual's or group's race, color, disability, religion, sex, national origin, or age: (A) employed by an employer;(B) referred or classified for employment by an employment agency or labor organization;(C) admitted to membership or classified by a labor organization; or(D) admitted to or employed in an apprenticeship, on-the-job training, or other training or retraining program; and(2) the total number or percentage of persons of that race, color, disability, religion, sex, national origin, or age in: (A) a community, this state, a region, or other area; or(B) the available work force in a community, this state, a region, or other area. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. 9/1/1993.